Life Insurance

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Life Insurance

Going through a divorce in California, I’ve been separated from my spouse for 6 years going onto 7 and 6 months ago I signed up for a life insurance. The life insurance is not a term policy is my spouse entitled to the policy even though I got it years after separation?

Asked on May 15, 2019 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An estranaged spouse is different from an ex-spouse. In most states, an ex cannot collect under such a policy. However, just because you are separated doesn't mean that you are not still married. Legally, your wife is still your spouse. Accordingly, she is entitled to receive the proceeds from your life insurance policy.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is she the beneficiary? If you named her the beneficiary, then yes--the proceeds go to her, since they go to whomever you name as the beneficiary. If you don't want her to get the proceeds, name someone else as the beneficiary. Do not name your "estate" (or fail to name someone, since if you don't name any beneficiary, it goes to your estate), since if you pass away before the divorce is final--i.e. while still married--she might inherit from your estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption